Accommodating Diversity in Multilevel Constitutional Orders

Legal Mechanisms of Divergence and Convergence

Maja Sahadžić, Marjan Kos, Jaka Kukavica, Jakob Gašperin Wischhoff, Julian Scholtes, Marjan Kos, Jaka Kukavica, Jakob Gašperin Wischhoff, Julian Scholtes, Maja Sahadžić, Maja Sahadžić, Jakob Gašperin Wischhoff, Marjan Kos, Jaka Kukavica, Julian Scholtes

• Publisher: Routledge
• Year: 2023
• Print ISBN: 9781032409801
• eBook ISBN: 9781000909494
• Edition: 1
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It does so by targeting mainly the European experience but also drawing insights from other jurisdictions.

The volume draws on a well-rounded theoretical framework that allows a comprehensive discussion of the dialectics in multi-level systems.) It focuses on two of the most relevant areas of constitutional law, namely the setup of supranational institutions and the protection of fundamental human rights. Finally, the work presents a fresh legal take on the unity-diversity dichotomy.

This collection is ideal for academics working in the fields of constitutional law, international law, federal theory, institutional design, management and accommodation of diversity, and protection of fundamental rights. Political scientists will also find the discussions very relevant as a foundation for further research in their field. Policymakers involved in constitutional engineering will be interested, as mechanisms of accommodation, convergence, and divergence are increasingly looked at as devices for managing multilevel polities.

Table of contents

• Cover
• Endorsements
• Half Title
• Series Page
• Title Page
• Copyright Page
• Table of Contents
• List of illustrations
• List of contributors
• Foreword
• 1. Introduction: The Dialectics in Multilevel Systems – Mechanisms of Divergence and Convergence
• 2. The Idea of ‘Interlegal Balancing’ in Multilevel Settings
• 3. Non-Hierarchical Coordination of Multi-Level Asymmetries for (Dynamic) Stability: Finding the Balance Between Convergence and Divergence
• 4. Constitutional Diversity and Differentiation in the EU: What Role for National Constitutional Demands under EU law?
• 5. Between Unity and Diversity: EU Data Protection Legislation as a Catalyst for a Constitutional Trilogue
• 6. Forgetting Identity Claims: The New Constitutional Paradigm in Multilevel Fundamental Rights Standards
• 7. Convergence and Divergence in EU External Action: The Very Slowly Emergent Doctrine of Shared Competence
• 8. A Convergence Movement Between the European Union’s Economic Constitution and National Economic Constitutions – Lessons from the Portuguese Case
• 9. Towards a General Typology of Consensus Analysis: From Entrenching Divergence to Constituting Convergence
• 10. Convergence, Divergence, and Strategic Interactions of International Courts: Lessons From the Protection of Business Premises for Legal Persons in Europe
• 11. Converging on Structures – The Influence of Court Structure on Convergence and Divergence among Judges
• 12. Multilevel Governance in the EU Through Deliberative Democracy: Zooming into the Mechanism of the European Citizens’ Initiative
• 13. EU law’s Contribution in Streamlining Member State Enforcement Structures: A Promising Mechanism for Convergence?
• 14. Conclusion: Oscillating Between Unity and Diversity
• Index